OK, all you legal gurus, I need some info!

[SweetCherry]

Can anyone tell me what a "second degree DWI" is? Does that in any way mean the second one within 10 years? Or does it mean where the blood alcohol level sits? I'm kinda stupid about this stuff, in case you can't tell.

And no, it wasn't me who was out drivin' my drunk ass around. I'm smarter than that. I masturbated myself blind, so I don't ever have to worry about drunk driving again.

LD

 

[Guest]

 

[SweetCherry]

Blood alcohol level was .12 and there was no accident. Idiot just decided to pass a semi and the cop happened to be coming from the opposite direction and clocked him at 73.

 

[Guest]

 

[SweetCherry]

Yup. I figured that much. You'd have thought he'd learned the first time. Even moreso now that there's kids who need to be driven places. Ah well, some men never grow up.

 

[Bigdog]

I'm not a legal guru or anything close, but I can find info with the best of them. Try this link: http://www.nvo.com/beaulier/newdwilaws/

From that page:

Second Degree DWI - §169A.26

A second degree DWI is charged if there is one aggravating factor. Aggravating factors may include:

A prior impaired driving incident within a 10 year period (this includes DWI license revocations or DWI convictions);
Blood Alcohol Content is more than two times the legal limit (.20);
Child Endangerment exists (child in the vehicle at the time of offense);
A second degree offense is also a gross misdemeanor punishable by up to a year in jail and a $3,000 fine. The state may also impound the license plates of the driver. Again, the statute requires law enforcement to hold the DWI suspect in jail until the first court appearance if:

The new DWI violation occurs within 10 years of 2 or more prior impaired driving convictions; or
The new DWI violation is the 2nd offense and the defendant is under 19 years of age;
The new violation occurs with a Blood Alcohol concentration of .20 or more at the time or within 2 hours of the driving conduct;
The New DWI occurs and the driver's license has been cancelled as inimical to public safety

I hope this is helpful, since your Draco helped me fix my computer.

 

[sufisaint]

go into your state government's website and search DUI...but since most states follow the the model criminal code...the above answer is probably correct...degrees ussually mean one or more type of aggrevating circumstances such as prior convictions or personal injury, property damage ect...

 

[SweetCherry]

Thanks, Bigdog. It does come across witha bit of the info I was looking for. My idiot ex went and got himself into some trouble and finally got his test results back tonite. Cops came here looking for him since this was the addy still on his DL. The only thing I'm worried about is if they'll take the vehicle now. I heard somewhere that they might do that if it's within 10 years of a previous one. His last one was about 7 years ago.

And I'm glad Draco helped with your pc. He does it for mine quite often, since I'm forever poking around with mine and breaking something.